100421
October 4, 2021
The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the 1909
Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC.
Chairman Darrell Frye, Vice-Chairman David Allen, Commissioner Kenny Kidd, Commissioner
Maxton McDowell, and Commissioner Hope Haywood were present. Also present were County
Manager Hal Johnson, Assistant County Manager/Finance Officer Will Massie, County Attorney
Ben Morgan, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco. Chaplain
Michael Trogdon from the Randolph County Sheriff’s Office gave the invocation and everyone
recited the Pledge of Allegiance, led by the Randolph County 4-H delegation. The meeting was
livestreamed on YouTube. The meeting was not livestreamed on Facebook due to a global
Facebook outage.
Allison Walker, County Extension Agent, described the impact of 4-H on Randolph County
youth. There were several 4-H members in attendance. 4-H member Rilen Wright spoke of his
love for 4-H. 4-H member Caleb Sherin described his growth in the 4-H program. Laura LeGlue,
Randolph County Digital Alliance Ambassador, is a 4-H alumni and talked about how 4-H has
impacted her personally and professionally.
Chairman Frye read aloud the Proclamation Designating October 3-9, 2021 as 4-H Week in
Randolph County.
On motion of Allen, seconded by Haywood, the Board voted 5-0 to approve the Proclamation
Designating October 3-9, 2021 as 4-H Week in Randolph County, as follows:
4-H Week in Randolph County - 2021
WHEREAS, 4-H youth across the nation are leading efforts to solve problems
in their communities and make a difference for their futures; and
WHEREAS, 4-H is the largest youth development organization in North
Carolina and the largest in the nation with over six million participants; and
WHEREAS, 4-H in North Carolina claims 260,000 youth members and 13,000
volunteers, while Randolph County’s 4-H program numbers more than 16,000
members and more than 100 volunteers; and
WHEREAS, 4-H as part of the NC Cooperative Extension System of NC State
University and NCA&T State University is a program where youth learn through
opportunities that provide them hands-on experiences in 4-H’s mission mandates
of science, engineering and technology; healthy living; and citizenship; and
WHEREAS, 4-H has connected youth and their communities with the innovative
research and resources from our nation’s 112 land-grant universities and colleges
for more than 118 years.
NOW, THEREFORE, the Randolph County Board of Commissioners, do hereby
proclaim October 3-9, 2021, as National 4-H Week in Randolph County. We urge
the people of this County to take advantage of the opportunity to become more
aware of this special program that enhances our young people’s interests in their
futures as part of Randolph County 4-H Youth Development and to join us in
recognizing the unique partnership between our County and our State University
System.
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Special Recognitions
Traci Williams retired from the Sheriff’s Office with 28 years of service. Ms. Williams was
recognized by Sheriff Greg Seabolt, after which, Chairman Frye presented her with an engraved
clock on behalf of the Board.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and
closed it after everyone wishing to speak had done so. County Attorney Ben Morgan read aloud
the Public Comment Rules of Procedure.
Jane Gant, 2713 Ledwell Road, Asheboro, said she is a member of the National
Association for the Advancement of Colored People (NAACP). She grew up in Randolph County
and did not understand the history of the Historic Courthouse monument as a child. She said that
now that people know better, it’s time to do better.
Nancy Sharpless, 3078 Benny Lineberry Road, Climax, asked the Board to remove the
confederate statue in front of the Courthouse. She said that the Daughters of the Confederacy
perpetuated falsehoods. She said that the Civil War and the related secession were about slavery.
She said that the statue does not represent the true history of Randolph County in relation to the
Civil War. She said the government should not display monuments promoting slavery.
Dwain Roberts, 4654 Rainbow Trail, Ramseur, showed the front page of the Courier
Tribune from 1909 listing people who donated to the confederate memorial. One of the donors
was a relative of Mr. Roberts. Five of his ancestors started four Methodist churches in the county.
He said false information has been shared about the monument.
William Dula, 1320 Randolph Tabernacle Road, Asheboro, showed a map of the Asheboro
City School District. He said he was not sure he was eligible to vote for the Asheboro City School
Board members. He showed a sample ballot for the School Board and encouraged people to vote
for the School Board. He asked the Board to remind citizens to vote.
Susie Scott, 516 West Kivett Street, Asheboro, said a welcoming atmosphere needs to be
created in the county. Falsehoods were spread in the past that the Civil War was not about slavery.
Descendants of slaves live in Randolph County today. Randolph County did not vote to join the
Confederacy. Moving the statue to a museum or elsewhere is acceptable.
Vera Andrews, 1472 NC Highway 49 North, Ramseur, was involved in 4-H as a child and
remains involved as a 4-H leader. She is the second Vice President of the NAACP. She is waiting
to hear the decision regarding moving the statue. She said the Confederacy went to war to preserve
slavery. Many from Randolph County were executed for refusing to join the Confederacy. In
other places, statues were demolished. She asked for the statue to be removed to a place that is
not so public.
Faye Cox, 1211 Grantville Lane, Asheboro, would like the monument to remain in front
of the Courthouse. She has researched the history of slavery. Her son was in the military and she
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said a monument to the soldiers who fought should remain standing. She said it’s not a monument
to slavery. It is simply a remembrance of soldiers who went and fought. We can’t change history.
Bryant Herring, 2721 Hickory Drive, Asheboro, said that in Durham, there is one of the
greatest hospitals in the world (Duke Medical Center). He said that a Confederate soldier started
the hospital. He started a tobacco company and hired a variety of people. He later started Duke
University, leading to the development of Duke Hospital. He asked the Board to think about the
statue.
Clyde Foust, 3746 Midway Acres Road, Asheboro, thanked the Board for their work in
economic development. He understands why the monument issue is so difficult. If we don’t deal
with these issues now, we are forcing our children to deal with the issues later down the road. He
said the Confederate Constitution prevents banning slavery. A vast majority of Randolph County
citizens voted against joining the Confederacy. The monument does not honor the sacrifices that
Randolph County citizens made.
Chairman Frye said there has never been a time when a Board worked any harder for the citizens
than this Board has in the last five years. The fight to save the hospital has been ongoing for three
years. The county has a Megasite under development to attract new jobs to Randolph County.
The pandemic has been an unprecedented challenge. Recently, the County has had more capital
projects than ever before. The Board is working to determine how to allocate recovery money for
the benefit of the citizens of Randolph County. There’s not a clear answer to what to do about the
statue. This has become divisive to the county. The County cannot remove the statue. Only the
State of North Carolina can take the statue down.
At 6:59 p.m., the Board recessed.
At 7:04 p.m., the Board reconvened.
Consent Agenda
On the motion of Kidd, seconded by Allen, the Board voted 5-0 to approve the Consent Agenda
as presented, as follows:
approve Board of Commissioners Regular Meeting Minutes of September 7,
2021, Special Meeting Minutes of August 30, 2021, September 15, 2021, and
September 21, 2021, and Closed Session Minutes of September 21, 2021;
approve Budget Amendment – Social Services Grant ($25,110), as follows:
2021-2022 Budget Ordinance
General Fund—Budget Amendment #15
Revenues Increase Decrease
Restricted Intergovernmental $25,110
Appropriations Increase Decrease
Social Services $25,110
approve Budget Amendment – TDA Card Encumbrance ($13,000), as
follows:
10/4/21
2021-2022 Budget Ordinance
General Fund—Budget Amendment #16
Revenues Increase Decrease
Appropriated Fund Balance $13,000
Appropriations Increase Decrease
Operating $13,000
approve Budget Amendment – TDA Park Donations ($30,564), as follows:
2021-2022 Budget Ordinance
General Fund—Budget Amendment #17
Revenues Increase Decrease
Appropriated Fund Balance $30,564
Appropriations Increase Decrease
Tourism Related $30,564
approve Budget Amendment – TDA Carry Over ($5,616), as follows:
2021-2022 Budget Ordinance
General Fund—Budget Amendment #18
Revenues Increase Decrease
Appropriated Fund Balance $5,616
Appropriations Increase Decrease
Operating $5,616
adopt Proclamation for Economic Development Corporation in Recognition
of October as “Industry Appreciation Month,” as follows:
Randolph County Economic Development Corporation
Industry Appreciation Month
October 2021
WHEREAS, the County of Randolph is pleased to have a thriving community of
industries to support the local economy; and
WHEREAS, these industrial companies provide essential employment
opportunities for the citizens of the County of Randolph; and
WHEREAS, these industrial companies provide local revenues from which the
entire citizenry benefit; and
WHEREAS, industrial businesses make considerable contributions to our
families and communities, often improving the overall quality of life; and
WHEREAS, we recognize and appreciate these industrial businesses;
NOW, THEREFORE, we the Board of Commissioners of Randolph County, do
hereby recognize our existing industrial businesses and by virtue of this
proclamation give notice to our citizens that the month of October 2021 is Industry
Appreciation Month in the County of Randolph.
approve Budget Amendment – PH – Women’s and Children’s Health
($115,000), as follows:
2021-2022 Budget Ordinance
General Fund—Budget Amendment #19
Revenues Increase Decrease
Restricted Intergovernmental $115,000
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Appropriations Increase Decrease
Public Health $115,000
Consider Joint Resolution to Add Board Seats to Sandhills Center Board of Directors
Anthony Ward, Deputy Director and Chief Operating Officer of the Sandhills Center, said the
Sandhills Center has 21 Board members. This is the maximum number allowed by State Statute.
Sandhills would like to increase their service area to include other counties, so additional seats are
needed for county representatives. Davidson and Rockingham Counties will join, with three and
two additional seats respectively. Adding these seats requires the current counties to approve a
resolution to add Board seats.
Vice-Chairman Allen said there has been much discussion regarding Cardinal Innovations.
This puts Randolph County more towards the center of the Sandhills service area. He is a
representative on the Sandhills Board and said the Sandhills Board was happy with this change.
Chairman Frye said there has been no history of problems or issues with Sandhills, as there
have been with other similar organizations around the state.
On motion of Allen, seconded by Haywood, the Board voted 5-0 to approve the Joint Resolution
to Add Board Seats to Sandhills Center Board of Directors, as follows:
JOINT RESOLUTION OF THE BOARDS OF COUNTY COMMISSIONERS
OF ANSON, GUILFORD, HARNETT, HOKE, LEE, MONTGOMERY,
MOORE, RANDOLPH AND RICHMOND COUNTIES TO APPOINT
MEMBERS OF THE SANDHILLS CENTER BOARD OF DIRECTORS IN A
MANNER AND WITH A COMPOSITION OTHER THAN AS REQUIRED BY
N.C. GEN. STAT. § 122C-118.1
WHEREAS, the Board of Commissioners of the counties of Anson, Guilford,
Harnett, Hoke, Lee, Montgomery, Moore, Randolph, and Richmond have
established an Area Authority under the name of Sandhills Center for Mental
Health, Developmental Disabilities and Substance Abuse Services (“Sandhills
Center”) consistent with Chapter 122C of the North Carolina General Statutes;
and
WHEREAS, the Davidson County Board of County Commissioners and the
Rockingham County Board of County Commissioners have each passed a
resolution to disengage from Cardinal Innovations to seek realignment with
Sandhills Center; and
WHEREAS, on or about August 6, 2021, the Secretary of the North Carolina
Department of Health and Human Services has approved the realignment requests
of Davidson County and Rockingham County; and
WHEREAS, the Sandhills Center Board of Directors desire to pass a resolution
approving the addition and realignment of Davidson County and Rockingham
County to Sandhills Center and its catchment area pursuant to 10A N.C.A.C.
26C.0702(d)(4); and
WHEREAS, N.C. Gen. Stat. § 122C-118.1 currently limits the maximum number
of voting members of an Area Authority Board of Directors to twenty-one (21)
absent approval by the Boards of County Commissioners of that Area Authority
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and the Secretary of the North Carolina Department of Health and Human Services
(NC DHHS) “to appoint members of the area board in a manner or with a
composition other than as required;” and
WHEREAS, the Sandhills Center Board of Directors currently consists of the
maximum number of twenty-one (21) voting members whereby each county has two
(2) Board members with the exception based upon population of Randolph County,
which has three (3) Board
members and Guilford County, which has four (4) Board members, leaving no
available seats for either Davidson County or Rockingham County; and
WHEREAS, the by-laws of the Sandhills Center reflect an agreement that to the
extent it is possible, all counties shall have at least two (2) Board membership
positions on the Board at any given time; and
WHEREAS, the addition of Davidson County and Rockingham County to
Sandhills Center brings the total catchment population to over the 1,250,000
minimum to qualify for a statutory exception; and
WHEREAS, the Boards of the County Commissioners of Anson, Guilford,
Harnett, Hoke, Lee, Montgomery, Moore, Randolph and Richmond Counties agree
to this statutory exception to add two (2) seats for Rockingham County and based
upon population three (3) seats for Davidson County for a total of twenty-six (26)
seats on the Sandhills Center Board of Directors if approved by the Secretary of
NC DHHS;
NOW, BE IT RESOLVED JOINTLY as follows:
Upon approval by the Secretary of NC DHHS, the Sandhills Center’s Board of
Directors may be appointed with a composition other than as required by N.C. Gen.
Stat. § 122C-118.1 as follows: Each county shall have two (2) Board members with
the exception of Randolph County, which shall have three (3) Board members;
Davidson County, which shall have three (3) Board members; and Guilford
County, which shall have (4) Board members. All other statutory requirements will
be observed.
This Joint Resolutions shall be effective immediately when signed, and no later than
December 1, 2021.
ADOPTED AND RATIFIED in counterparts by the Boards of County
Commissioners of Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore,
Randolph and Richmond Counties.
Emergency Services Update
Chief Donovan Davis, Emergency Services Director, gave a brief overview of Emergency
Services (EMS) in Randolph County. There is a statewide paramedic shortage. He explained how
EMS transports work. Chief Davis gave a history of EMS calls from 2018 to 2021, including a
transport history chart. The number of COVID-19 related calls has increased with the Delta
Variant.
Commissioner Haywood asked why so many COVID-19 patients have gone to hospitals other
than Randolph Health. Chief Davis said Randolph Hospital was on a diversion due to having so
many COVID-19 patients. The patients have to go to where the beds are. Commissioner Haywood
asked if a decision as to where to go is made in route. Chief Davis said yes.
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Chief Davis explained the overall response increase and said two additional staffed ambulances
are needed to cover the increased calls during peak times.
Chairman Frye asked if the bases could handle additional ambulances and Chief Davis said yes.
Chief Davis said EMS staff are frustrated, stressed, and exhausted. There are currently eight
vacant paramedic positions. There are nine paramedics needed per shift. Other local EMS
agencies are facing similar challenges. 9-1-1 Communications is overwhelmed as well. These
additional calls are not just COVID-19 related. Overdoses are at an all time high. There has also
been an increase in morgue intake. These deaths are primarily overdose related.
For the seventh year in a row, Randolph County was awarded the Mission: Lifeline Gold Plus
award by the American Heart Association. Chief Davis credited the community for a willingness
to begin cardiopulmonary resuscitation (CPR) when an emergency is called in.
Commissioner Haywood asked if Randolph County would receive any Federal Emergency
Management Agency (FEMA) assistance. Chief Davis said not at this time.
Commissioner Kidd asked if the morgue has additional options for storage when it is over
capacity. Chief Davis said some community funeral homes will provide spaces in times of high
capacity.
LGFCU 2021 Excellence in Innovation Award
Chief Donovan Davis, Emergency Services Director, said the Opioid Overdose Dashboard was
submitted to the North Carolina Association of County Commissioners (NCACC) and
subsequently won the Local Government Federal Credit Union (LGFCU) Excellence in Innovation
Award. In 2016, Randolph County began tracking CPR attempts relative to overdoses. Chief
Davis showed an image of the online Overdose Dashboard. He explained the functions of the
Dashboard.
Chairman Frye asked who updates the Dashboard. Chief Davis said several employees work
to keep the Dashboard updated.
Vice-Chairman Allen showed the award that was received by the County. Chief Davis asked
Jared Byrd, Emergency Services Deputy Director; Michael Rowland, Information Technology
Director; Jeff Mullins, Information Technology Application Integration Manager; Linda Smith,
Geographic Information Systems Analyst/Programmer; Tara Aker, Public Health Director; and
Ross Holt, Public Library Director, to join him in recognition of their work on the Dashboard.
Vice-Chairman Allen said at the NCACC meeting, there was a video submitted that was a great
representation of the County.
Commissioner Haywood said the NCACC looks to see if efforts can be easily duplicated when
it comes to awarding counties for their innovation.
Law Updates Affecting Social Services
10/4/21
Tracie Murphy, Director of Social Services, said two laws have recently passed that have the
capacity to cause substantial impact to the County.
Ms. Murphy gave an example of a child with medical conditions who struggled in the foster
care system. The Sandhills’ Facility-Based Crisis and Behavioral Health Urgent Care Center
(BHUC) has been tremendously helpful in housing foster children like this for up to 24 hours.
Session Law (SL) 2021-132 (S693) directly impacts Child Welfare and requires the Department
of Health and Human Services (DHHS) to develop a plan to increase the supply of appropriate
treatment and residential settings for all minors in need of behavioral and mental health services
and to increase safe and appropriate placements for children in need of mental health.
The law specifically creates a new statute for juveniles in Department of Social Services (DSS)
custody that present at a hospital emergency department for mental health treatment. It allows for
a limited appearance to be made in court for the filing of a motion. That motion may be filed by a
hospital, local management entities/managed care organizations (LME/MCO), or DHHS and
allows the court to order an entity to pay reasonable costs of hospital stay, including property
damage and any other relief. Most of the changes for SL-2021-132 are effective October 1, 2021.
Secondly, Session Law 2021-123 (S207) modifies certain provisions of the Juvenile Justice
Reinvestment Act. It makes several changes, it modifies the definition of neglect and modifies the
law dealing with juveniles adjudicated delinquent and undisciplined requiring treatment; and
requires that “if the court finds the parent or funding from the Juvenile Justice Section of the
Division of Adult Correction is unable to pay the cost of evaluation or treatment, the court shall
order the county to arrange for evaluation or treatment of the delinquent and or undisciplined
juvenile and pay for the cost of evaluation or treatment.” It specifically mentions that the county
manager, or any other person who is designated by the chair of the board of county commissioners,
of the county of the juvenile's residence shall be notified of the hearing, and allowed to be heard.
SL 2021-123 is effective December 1, 2021.
Ms. Murphy said there are several concerns regarding these laws.
There are no state dollars provided for additional child welfare assessments that will occur with
the change in the definition of neglect to include Department of Juvenile Justice (DJJ) youth whose
parents are uncooperative. Currently, 90-95% of Child Protective Services is funded by County
and federal dollars.
Section 8 (SL2021-123) states if the juvenile does not have health insurance coverage for
recommended treatment, the court shall conduct a hearing to determine who should pay for the
cost of the assessment, evaluation or treatment and if the court finds the parent or funding…… is
unable to pay the cost of evaluation or treatment, “the court shall order the county to arrange for
evaluation or treatment of the juvenile and pay for the cost of evaluation or treatment.”
This population of delinquent and undisciplined youth will require very expensive placements
that can cost hundreds of dollars per day. There is nothing in the law that addresses the housing of
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these children. Traditional foster homes would not be appropriate for delinquent and undisciplined
youth who require mental health treatment.
Commissioner McDowell said this has been presented to the Social Services Board. This can
be expensive.
Commissioner Haywood said with 200 children in foster care, the cost is over a million dollars
per month.
Public Health Update
Tara Aker, Public Health Director, said in the last six weeks, there has been a surge in COVID-
19 cases with the Delta Variant. She gave statistics regarding cases, deaths, outbreaks, and
clusters. The North Carolina Department of Health and Human Services (NCDHHS) now has
more specific statistics available regarding vaccinations by eligibility group.
Randolph County Public Health is continuing to administer vaccines and booster vaccines. Ms.
Aker said a downward trend is beginning to show in metrics. She encouraged citizens to continue
wearing masks and social distancing.
Public Health is continuing to run the Emergency Operations Center (EOC). Testing is still
being implemented and vaccines are available.
Chairman Frye asked if the booster was the same dosage as the second vaccine and Ms. Aker
said yes for Pfizer.
Ms. Aker said Public Health staff has worked very hard over the last eighteen months during
the pandemic. There is a lot of new staff at Public Health due to multiple retirements.
Vice-Chairman Allen asked how Public Health will accommodate the surge in booster
vaccinations. Ms. Aker said they were provided “surge staff” by the State that helped with contact
tracing, appointments, hotline calls, and case management.
Chairman Frye asked if the boosters will be drive through by appointment and Ms. Aker said
yes.
Commissioner McDowell asked if there may be an influenza surge. Ms. Aker said it is possible.
Chairman Frye asked if there have been reactions to the booster. Ms. Aker said reactions are
not widespread.
Human Resources Business Strategies Request
Jill Williams, Human Resources Director, said throughout the Coronavirus Pandemic Randolph
County Departments have continued to provide critical services to citizens. Randolph County’s
essential employees have educated businesses, schools, and citizens on safety measures to mitigate
and prevent exposure to the virus, and have provided compassionate care and services to those
exposed to the virus, experiencing sickness and even death.
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Work demands were stressful for employees in crucial health, emergency services, law
enforcement, and social work positions in 2020, as they became exhausted with the extra demands
placed on them due to the Coronavirus. But, there was a sense of hope, that in 2021 a vaccine
would become available that would help mitigate the spread of the virus. Unfortunately, the virus
has lingered and the number of positive cases has increased to pandemic highs, and now, these
essential employees are not just exhausted, they are discouraged to the point that they are leaving
work in County Government to a level that cannot be ignored.
This exodus of employees has not stopped the need for critical services. In some services areas,
the needs are at record highs, while in others, the service needs have remained constant, but the
staff to provide those services is no longer here, putting additional work burdens on remaining
staff.
As an organization, the County has a responsibility not only to provide vital services to citizens,
but to support the staff providing those services.
Some funding options may include American Rescue Plan (ARP) funds or County resources.
Employees performing essential work may be eligible for premium pay. Ms. Williams described
how premium pay is applicable under the ARP.
Some options discussed have been holiday and compensatory pay, premium pay for essential
employees, nightshift differential pay, and reclassification.
Ms. Williams said in the future, more solidified plans would be presented to the Board.
Chairman Frye asked how many employees are essential. Ms. Williams said it is select
positions. Chairman Frye asked which options are being considered the most.
Will Massie, Finance Officer, said there are many facets to consider.
Commissioner Kidd asked if Coronavirus Aid, Relief, and Economic Security (CARES) Act
money was used to increase pay or provide additional pay. Mr. Massie said no; it simply covered
salaries.
Ms. Williams said departments that can mostly mitigate risk of employee exposure won’t be
eligible.
Commissioner Kidd asked how holiday pay would work. Mr. Massie said due to staff
shortages, many employees are unable to take time off. There is a possibility of paying employees
for those additional hours worked in order to compensate them since they have been unable to take
time off.
Consider Resolution for Uwharrie Charter TEFRA
Aimee Scotton, Associate County Attorney, said Uwharrie Charter Academy intends to expand
the high school and construct a trades building on the current middle school site. In order to do
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this, they are pursuing the use of tax-exempt financing through the issuance of Public Finance
Authority Education Revenue Bonds. One of the Internal Revenue Service (IRS) requirements
regarding the issuance of these bonds is that a TEFRA (Tax Equity and Fiscal Responsibility Act)
Hearing be held for interested people to express their views, either orally or in writing, on the
issuance of the bonds and the nature of the improvements and projects for which the bond funds
will be allocated. This hearing was held by a hearing officer authorized by the local government
(where the improvement, in this case, the expanded development) will be located. The hearing
was held on the afternoon of October 4, 2021 at the Randolph County Office Building with Ms.
Scotton serving as the hearing officer. There were no comments.
Ms. Scotton requested that the Board consider the resolution for Uwharrie Charter TEFRA.
The resolution indicates the Board’s approval, as the local government board where the
improvements will be located, of the issuance of the bonds and the financing of the project by
Uwharrie Charter in this manner. It is important to note that, in granting this approval, the Board
is not making any representation to the purchasers of the bonds as to the creditworthiness of
Uwharrie, nor to the economic feasibility of the project itself. Furthermore, the Board is not
endorsing the project nor is the Board obligating the County in any manner whatsoever. This is
simply something that is required by the IRS in order for Uwharrie to proceed with tax-exempt
financing.
On motion of Haywood, seconded by McDowell, the Board voted 5-0 to approve the Resolution
for Uwharrie Charter TEFRA, as follows:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF RANDOLPH COUNTY, NORTH CAROLINA
APPROVING THE ISSUANCE OF BONDS
BY THE PUBLIC FINANCE AUTHORITY
AND A PLAN OF FINANCE FOR
UWHARRIE CHARTER ACADEMY
WHEREAS, a Public Hearing was duly held on October 4, 2021, at 4:00 pm ET
in the Randolph County Office Building, Meeting Room A (first floor), 725
McDowell Road, Asheboro, North Carolina 27205, pursuant to proper notices
given in accordance with law as to the time and place of the Public Hearing
concerning a proposed issuance by the Public Finance Authority, a commission
created pursuant to Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin
Statutes, as amended (the “Authority”), of its Education Revenue Bonds (Uwharrie
Charter Academy Project) Series 2021 (the “Bonds”) in maximum stated principal
amount of $32,500,000 in one or more series or issuances as a part of a plan of
finance; and
WHEREAS, the proceeds of the sale of the Bonds, when and if issued by the
Authority, will be loaned to Uwharrie Green School, Inc. (the “Borrower”), a
North Carolina nonprofit corporation and an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), for the
following purposes: (a) financing and/or refinancing the costs of the construction,
improvement, expansion and/or equipping, including without limitation an addition
thereto, of educational facilities located at 5154 US Hwy 220 Business South,
Asheboro, North Carolina 27205 (the “Facilities”); (b) funding any required
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reserve funds for the Bonds; (c) funding capitalized interest on the Bonds; and (d)
paying all or a portion of the costs of issuance of the Bonds (collectively, the
“Project”). The Facilities are located in Randolph County, North Carolina (the
“County”). The Facilities will be owned and operated by the Borrower for use and
operation of a public charter school; and
WHEREAS, all or a majority of the Bonds are expected to be issued as tax-
exempt qualified 501(c)(3) bonds, and the Bonds will not constitute an indebtedness
or general obligation of the State of North Carolina, or of any county, municipal
corporation, or political subdivision of the State of North Carolina, including the
County. The proposed Bonds will not be paid from taxes but will be payable by the
Authority solely from amounts paid by the Borrower; and
WHEREAS, Section 147(f) of the Code provides, in effect, that in order for the
interest on the proposed Bonds to be excluded from the holders’ gross incomes for
federal income tax purposes, the “public approval” requirements of said section
must be complied with; and
WHEREAS, the Notice of Public Hearing was published for the hearing on
September 26, 2021, in The Courier-Tribune, a newspaper of general circulation
in the County, as evidenced by the affidavit of publication attached hereto as
Exhibit A; and
WHEREAS, pursuant to Section 66.0304(11)(a) of the Wisconsin Statutes, prior
to their issuance, bonds issued by the Public Finance Authority must be approved
by the governing body or highest ranking executive or administrator of the political
jurisdiction within whose boundaries the project is to be located; and
WHEREAS, the Borrower has requested that the County approve the financing
of the Project and the issuance of the Bonds in order to satisfy the requirements of
Section 4 of the Amended and Restated Joint Exercise of Powers Agreement
Relating to the Public Finance Authority, dated as of September 28, 2010 (the
“Joint Exercise Agreement”), and Section 66.0304(11)(a) of the Wisconsin
Statutes; and
WHEREAS, the Public Hearing was conducted by a duly appointed hearing
officer, Aimee C. Scotton, on behalf of the County and no oral or written objections
were raised at the Public Hearing with respect to the proposed issuance of the
Bonds or the plan of financing for the Project; and
WHEREAS, the location of the Facilities is entirely within the County, and the
Board of County Commissioners (the “Board”) constitutes the elected legislative
body of the County and is a proper body for granting the necessary public approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of the County as follows:
Section 1. The issuance of the Bonds by the Authority for the benefit of
the Borrower in a maximum stated principal amount of $32,500,000 for the above-
described purposes, the nature and location of the Facilities, and the plan of
financing for the Project, described above, are hereby approved. It is the purpose
and intent of the Board that this resolution constitutes approval of the issuance of
the Bonds and the financing of the Project by the applicable elected representative
or governing body of the political jurisdiction for the Project in accordance with
Section 147(f) of the Code and Section 66.0304(11)(a) of the Wisconsin Statutes
and Section 4 of the Joint Exercise Agreement.
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Section 2. Such approval by the Board does not constitute any
representation by the County to the prospective purchasers of the Bonds as to the
creditworthiness of the Borrower, the economic feasibility of the Project or
constitute an endorsement by the County thereof nor does it create, either expressly
or by implication, any obligation on the part of the County for the payment of the
Bonds or debt service thereon, such Bonds and debt service being payable solely
from the sources described above.
Section 3. The appointment of the hearing officer, Aimee C. Scotton,
and her conduct of the Public Hearing on behalf of the County is approved and
ratified.
Section 4. This Resolution shall take effect immediately upon its
adoption.
Consider Resolution Adopting 2022 Board of Commissioners Regular Meeting Schedule
th
Chairman Frye asked if the Board agreed to meet on July 5 due to the Independence Day
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holiday. The Commissioners preferred to meet the following Monday, July 11.
On motion of Kidd, seconded by McDowell, the Board voted 5-0 to Amend the Resolution
Adopting 2022 Board of Commissioners Regular Meeting Schedule, as follows:
Resolution Adopting 2022 Meeting Schedule of the
Randolph County Board of Commissioners
WHEREAS, pursuant to N.C.G.S. 153A-40(a), the board of commissioners shall
hold a regular meeting at least once a month; and
WHEREAS, pursuant to N.C.G.S. 153A-40(a) the board of commissioners may,
by resolution, fix the time and place of its regular meetings; and
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of
Commissioners hereby adopts the following meeting schedule for all of its 2022
regular meetings:
Monday, January 3 Monday, July 11
Monday, February 7 Monday, August 1
Monday, March 7 Tuesday, September 6
Monday, April 4 Monday, October 3
Monday, May 2 Monday, November 7
Monday, June 6 Monday, December 5
BE IT FURTHER RESOLVED that the regular meetings shall begin at 6:00
p.m.; and
FURTHER, that all regular meetings shall be held in the 1909 Historic
Courthouse, 145-C Worth St., Asheboro, NC 27203; and
BE IT FINALLY RESOLVED that the Clerk shall cause a copy of this resolution
to be posted and published pursuant to NCGS 153A-40.
Set Annual Special Joint Meeting with the Randolph County School Board of Education
On motion of Allen, seconded by McDowell, the Board voted 5-0 to Set the Annual Special Joint
Meeting with the Randolph County School Board of Education for January 10, 2022.
County Manager’s Update
10/4/21
County Manager Hal Johnson introduced Chelsey Butler, Media Communications Specialist.
Ms. Butler is working with Information Technology to update the County website and to work on
outreach opportunities to reach the public. Ms. Butler is exploring ways to use video as an outreach
opportunity.
Commissioner’s Updates
Chairman Frye said there would soon be a replacement named to fill the position of Jorge
Lagueruela on the Randolph Community College Board of Trustees.
Closed Session
At 8:37 p.m. on motion of Allen, seconded by Kidd, the Board voted 5-0 to enter into closed
session pursuant to NCGS 143-318.11(a)(4) to discuss matters relating to the location or
expansion of industries or other businesses in the area served by the public body, including
agreement on a tentative list of economic development incentives that may be offered by the public
body in negotiations.
Return to Open Session
At 9:28 p.m. regular session resumed.
Adjournment
At 9:28 p.m. on motion of Allen, seconded by Haywood, the Board voted 5-0 to adjourn.
________________________________ ________________________________
Darrell Frye, Chairman David Allen, Vice-Chairman
________________________________ _________________________________
Kenny Kidd Maxton McDowell
________________________________ _________________________________
Hope Haywood Sarah Pack, Deputy Clerk to the Board
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